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Judge Deciding if Plotkin Was Public Figure

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After three weeks of testimony and legal arguments, Los Angeles Superior Court Judge Christian E. Markey must now decide whether former Iranian hostage Jerry Plotkin was a public or private figure when a Daily News article that he says libeled him was published.

In final arguments Tuesday, the attorney for the newspaper argued that all of the Americans held hostage in Iran became public figures in the legal definition for purposes of libel, and particularly Plotkin because of activities and statements he made in captivity.

For the record:

12:00 a.m. Feb. 6, 1986 For the Record
Los Angeles Times Thursday February 6, 1986 Home Edition Part 1 Page 2 Column 1 Metro Desk 2 inches; 65 words Type of Material: Correction
Due to an editing error, a Times story in Wednesday’s edition concerning former Iranian hostage Jerry Plotkin’s libel case against the Daily News erroneously said a Los Angeles Superior Court judge would rule whether the disputed story on which the case is based was published with malice or reckless disregard for the truth. It should have said if the judge deems Plotkin a public figure for purposes of libel, Plotkin will have to prove malice or reckless disregard.

Plotkin’s lawyer argued that his client was and is a private person who involuntarily got caught up in an international crisis and whose actions were under duress.

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Plotkin, 52, claims the 1981 article libeled him in saying he had been under investigation by Los Angeles police prior to going to Iran and might be under federal scrutiny, implying he was involved in drug trafficking.

If Markey deems Plotkin a public figure, he will have to rule whether the story was published with malice or reckless disregard for the truth.

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